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MATTER OF CALDERON v. SCLAFANI

46 A.D.2d 630 (1974)

In the Matter of Miguel Calderon, Respondent, v. Salvatore Sclafani et al., Respondents, and Angelo Del Toro, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 1974

Lupiano and Capozzoli, JJ., dissent in the following memorandum:

We dissent. It is our view that the evidentiary basis delineated in the referee's report as warranting a new election does not come within the ambit of Matter of Lowenstein v. Larkin (40 A.D.2d 604, affd. 31 N.Y.2d 654

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